Federal Court rules use of Emergencies Act was Unconstitutional and Unreasonable [Canada]
The Federal government has vowed to appeal the ruling.
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Federal Court declares use of Emergencies Act unconstitutional
OTTAWA: The Canadian Constitution Foundation (the “CCF”) is thrilled that Justice Mosley of the Federal Court of Canada has accepted the CCF’s arguments that the invocation of the Emergencies Act in response to the Freedom Convoy protests was unreasonable and violated the Charter rights to expression and security against unreasonable searches and seizures.
In a judicial review decision released Tuesday, Justice Mosley agreed with the CCF that Cabinet’s invocation of the Act in February 2022 was not reasonable for two reasons.
First, Cabinet did not properly account for the requirement under section 3 of the Act that emergencies only be declared where a situation cannot be effectively dealt with under any other law of Canada.
Second, the requirement of reasonable grounds to believe that Canada faced “threats to the security of Canada” had not been met. Section 17 of the Act states that “threats to the security of Canada” has the same meaning as it has under section 2(c) of the Canadian Security Intelligence Service Act (the “CSIS Act”), which includes threats like terrorism, espionage and attempts to overthrow the government. Justice Mosley said that this does not include the “economic disruption that resulted from the border crossing blockades, troubling as they were.”
Frozen bank accounts - 2022
Under the broadened federal powers, Canada's financial institutions have been prohibited from providing "any financial or related services" to people who are "directly or indirectly" involved in the anti-COVID mandate protests across the nation.
Freezing of bank accounts raised public awareness of political ruthlessness and vulnerability of people reliant on technology. If this court ruling is broadcast all over by mainstream media it is likely more about damage control than justice.
How the vote went
Federal Court in Canada calls Justin Trudeau's Emergencies Act unconstitutional, nearly two years later the Freedom Convoy sees some vindication in the courts! but this doesn't change the arrests, continued detainments, and previous bank account seizures that took place.
Without prejudice and without recourse
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